Florida Advance Directives: Health Care Surrogate & Living Will
Under chapter 765, a Florida health care surrogate designation (§ 765.202) must be written and signed before two adult witnesses (at least one not the spouse or a blood relative; the surrogate can't be a witness). The principal may let the surrogate act immediately. A living will (§ 765.302) has the same two-witness requirement.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. Talk to a Florida attorney about how these rules apply to your situation.
Advance directives let you decide, in advance, who makes your medical decisions and what care you want if you can’t speak for yourself. Florida’s rules are in chapter 765.
Health care surrogate designation
A health care surrogate is the person you name to make medical decisions for you. The designation must be written and signed before two adult witnesses (Fla. Stat. § 765.202). Two limits on witnesses:
- At least one witness must not be the principal’s spouse or a blood relative; and
- The designated surrogate cannot serve as a witness.
You may also let your surrogate act immediately — rather than only after a determination that you’ve lost capacity — if you choose that option in the document.
Living will
A living will states your wishes about end-of-life care (for example, life-prolonging procedures). It has the same two-witness requirement (Fla. Stat. § 765.302), with the same witness limits.
How they fit your plan
These health care documents pair with a financial power of attorney, which Florida treats separately. Together with a will and often a living trust, they complete an incapacity plan. To get matched with a local Florida estate-planning attorney, connect with a lawyer.
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Start your free intakeFrequently asked questions
- How many witnesses does a Florida health care surrogate designation need?
- Two adult witnesses. At least one must not be the principal's spouse or a blood relative, and the designated surrogate cannot serve as a witness (Fla. Stat. § 765.202).
- Can my health care surrogate act before I'm incapacitated?
- Yes, if you choose. The principal may authorize the surrogate to act immediately, rather than only after a determination of incapacity (Fla. Stat. § 765.202).
- What's the difference between a living will and a surrogate designation?
- A health care surrogate designation names a person to make medical decisions for you (§ 765.202). A living will states your wishes about end-of-life care (§ 765.302). Both require two witnesses.
Sources
Related guides
- Avoiding Probate in Florida In Florida, assets that pass outside probate include jointly held property with right of survivorship or tenancy by the entireties, beneficiary designations, payable-on-death and transfer-on-death accounts, and a funded revocable trust (ch. 736). Homestead generally passes outside the probate estate and is constitutionally protected from most creditors, though devise is restricted when there's a surviving spouse or minor child (§ 732.4015).
- Florida Intestate Succession: Who Inherits Without a Will If you die without a will, Fla. Stat. § 732.102 sets the spouse's share: the spouse takes the entire estate if there are no descendants, or if all descendants are shared and the spouse has no others; the spouse takes one-half if there are non-shared descendants on either side. The rest passes to descendants, then parents, then siblings (§ 732.103). A surviving spouse may instead claim the elective share — 30% of the elective estate (§ 732.2065).
- Florida Power of Attorney: Durable, Witnessed & Effective Now Under the Florida Power of Attorney Act (ch. 709), a POA is 'durable' (survives incapacity) only if it contains the statutory durability language (§ 709.2104). It must be signed by the principal, by two subscribing witnesses, and acknowledged before a notary (§ 709.2105). Florida no longer allows 'springing' POAs executed on or after Oct. 1, 2011 — a POA is exercisable when signed (§ 709.2108).
- Florida Wills: Requirements & How They Work A valid Florida will must be in writing, signed by the testator at the end, and signed by at least two witnesses in the presence of the testator and each other (Fla. Stat. § 732.502). Florida does not recognize holographic (unwitnessed handwritten) or oral wills. A self-proving affidavit can avoid witness testimony at probate (§ 732.503).
- Revocable Living Trusts in Florida Revocable living trusts in Florida are governed by the Florida Trust Code (ch. 736). A funded revocable trust lets assets pass outside probate. The testamentary provisions of a revocable trust by a Florida settlor must be executed with the same formalities as a will — including two witnesses — to be valid (Fla. Stat. § 736.0403).
- Related area: Probate in Florida